Lead-Based Paint: What You Should Know

Protecting Your Family
According to the Illinois Department of Public Health, lead poisoning is the number one environmental illness of children and is caused primarily by lead-based paint in older homes. Many homes built prior to 1978 contain lead-based paint.

In children, high levels of lead and lead to brain and nervous system damage, behavior and learning problems, slowed growth, hearing problems, and headaches. Adults can develop difficulties during pregnancy, reproductive problems, high blood pressure, digestive problems, nerve disorders, memory and concentration problems, and muscle and joint pain.

The United States Environmental Protection Agency offers these helpful tips for protecting your family from lead in the home:

• Have your home inspected for lead paint if was built before 1978. When you bought the house, the sellers should have disclosed any known hazards.

• If you rent, your landlord is also required to disclose any known lead paint hazards in the lease.

• Clean up any paint chips immediately.

• Clean floors windows frames, and other surfaces weekly.

• Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas.

• Keep play areas clean.

• Keep children from chewing window sills or other painted surfaces.

• Clean or remove shoes before entering your home to avoid tracking in lead from soil.

• Make sure children eat nutritious, low-fat meal high in iron and calcium.

Lead hazards can be temporarily reduced or permanently removed to improve safety. For more information and lead inspector and contractors in Illinois, contact the Illinois Department of Public Health.

The Lead-Based Paint Hazard Reduction Act
Title X
Federal regulations regarding disclosure of lead-based paint and lead-based paint hazards were jointly released from the U.S. Environmental Protection Agency and the Department of Housing and Urban Development. The regulations focus on disclosure and REALTOR® liability. The regulations went into effect on December 6, 1996, for owners of one to four properties. For owners of more than four properties, the rules went into effect on September 6, 1996. The sellers are not responsible for testing of lead-based paint hazards. Through the distribution of an EPA approved lead-based paint hazard pamphlet and ensuring sellers and lessors disclose known lead-based paint hazards, agents and brokers perform an important role in providing this vital public health information and avoid liability for themselves.

The rule requires real estate agents to ensure that those selling or leasing property built before 1978 disclose the known presence of lead-based paint or lead-based paint hazards. In addition, the rule requires the seller or agent to distribute a federal lead hazard information pamphlet, obtained through the National Lead Information Clearinghouse, before any purchase offers can be accepted.

As a rule, the older the house, the more likely it is that it will contain lead-based paint. The only way to be sure if the home contains lead-based paint is to have an inspection by a trained and EPA-certified lead testing company.

Low level lead poisoning is widespread among American children, afflicting as many as 3 million children under the age of six. At high levels, lead poisoning in children causes intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems.

The ingestion of household dust containing lead from deteriorating or abraded lead-based paint is the most common cause of lead paint poisoning in children. Lead is also harmful to adults. Adults can suffer from difficulties during pregnancy, high blood pressure, digestive problems, nerve disorders, memory and concentration problems and muscle and joint pain.

Roles and Responsibilities of Sellers, Lessors and Real Estate Agents

• Sellers and Lessors of properties built before 1978 must disclose their actual knowledge (e.g. prior test results or other first hand information) of lead-based paint or lead-based paint hazards.
  
• The agent has the responsibility to ensure that the seller or lessor satisfies the disclosure obligations.
  
• The listing agent has the responsibility to advise the seller or lessor of his obligation to make the required lead-based paint disclosures and to ensure that the seller or lessor satisfies his obligation.
  
• Any other agent involved in the transaction, such as a cooperating agent is also responsible to ensure that the seller or lessor satisfies his obligations. The only agents who are exempt are buyer agents who receive all their compensation from the purchaser.

Completing the Disclosure and Acknowledgement Form

Upon receipt of an offer for the property the listing agent should confirm that the offer includes an attached completed Disclosure of Information and Acknowledgement Form indicating that the disclosure requirements have been satisfied. As an alternative, the Disclosure of Information and Acknowledgement Form may also be incorporated directly into form contracts.

Whatever form is used must include the following:

• The "Lead Warning Language" exactly as written in the EPA form.
  
• Seller or lessor acknowledgement of his disclosure of the presence of any known lead-based paint and/or lead-based paint hazards, including test results.
  
• Purchaser or lessee acknowledgement of receipt of all the required disclosures and lead-based paint information pamphlet.
  
• Purchaser acknowledgement of receipt of a 10-day opportunity to conduct a lead test or that he agreed to a shorter testing period or waived it completely.
  
• Agent acknowledgement that the seller/lessor was advised of his disclosure obligations, and that he is aware of his duty to ensure the seller/lessor's compliance with the disclosure requirements.
  
• Certification by all parties of the accuracy of the information they provided.
  
• The disclosure form must be completed even in the case of an oral lease agreement.